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Bogus Tuhoe Settlement

Minister of Treaty Negotiations, Chris Finlayson (and his mental deficient advisers) clearly failed to ask the obvious question: “How can Tuhoe, who never signed the Treaty of Waitangi, qualify for a Treaty settlement?”

Pre-Treaty New Zealand consisted of hundreds of dispersed and petty tribes, each in a constant state of war with one another, and lacking any concept of nationhood. History records that 512 chiefs signed the Treaty, while a substantial minority refused to, meaning there were probably more than 600 of these individually insignificant groups.

The Treaty of Waitangi was not with a collective “Maori,” but with tribes. Some signed it, some didn’t.

Under the legal doctrine of Privity of Contract, only the parties to an agreement are bound by it, or can claim its protection should there be a breach.

Accordingly, the Crown should never have entertained Treaty claims from Tainui, Tuwharetoa, and Tuhoe, whose forebears never signed it in the first place. Such claims can only be sustained by buying into the revisionist fiction that the Treaty was between two sovereign parties: the Crown and Maori.

On behalf of the rest of us, the Crown should have told Tuhoe to go see a taxidermist.

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19 thoughts on “Bogus Tuhoe Settlement”

I wrote to Finlayson on this very subject. His reply was: “In response to your first sentence, the Crown took on obligations towards all Māori through the Treaty of Waitangi. These obligations rest with the Crown regardless of whether an iwi signed the Treaty or not”. I have written back (twelve days ago) to query this response but ,as yet, have had no reply.

Just because someone from a tribe signed something still didn’t mean that the majority of that tribe agreed anyway. Governments for the last 40 years have encouraged tribalism which has to be the most primative form of human organisation which is exactly the reason most of humanity has abandoned the idea.Most of the problems in Africa can from tribalism. As for the question of why tribes who didn’t sign get paid out – it can have an invented answer just like the whole TOW invention.Chris Findlayson has made a whole career out of it and no doubt has his eye on future work as well.

Dear Reuben.
If you are writing articles on behalf of the party, please remember in future the paramount journalist approach. DO NOT slang individuals in the article hence the phrase (and his mental deficient advisers)plus the second phrase – go to see a Taxidermist are totally unnecessary.
Other than this fundamental observation I would agree with your views.
Let us be careful not to sink into slum writing if we are posting items on the internet. We want the inteligencia to support us in our just cause
regards
Barry

I support because we have nothing left to offer. We would love to go back to the offer we had on our previous house sale and ask for through the system of the treaty for the extra $# we missed out on. and in ten years time another claim for the same thing

Keep up the good work for one for all we are generous people but now bleedy through a one way system

I don’t think that whether or not a particular group signed a treaty is relevant. This is a matter of property rights and if the property rights of a group were ‘taken away’ then it is a part of our democratic system that this be addressed.
My issue is how are the property rights determined? The Waitangi Tribunal invariably finds for the claimant and it does so on the basis of an insidious morphing of what the Treaty says. It was never a partnership and if there is an issue about property rights these should be settled in the NZ Courts just as all other property rights are settled. There is no place for a Waitangi Tribunal. One law for All, eh??

There is a lot of blame to go around and John Key is only worse than previous governments because of MMP-which doesn’t excuse him in any way but does perhaps make it worse in that his was a party that actually had it as policy to abolish the Maori seats but now has abondoned that. As far as I can see we have at least to get a main party to entertain the idea of rolling back the TOW gravy train. Problem is which party. Certainly the Greens or any party they have influence with is likely to be even worse!

Reuben Chapple asks how can Tuhoe,who never signed the treaty qualify for a treaty settlement?My opinion whether it be right or wrong is that this govt and previous govts have bowed down to these tribes and the leaders of these tribes for so long now that is a given right for the leaders of these tribes to continue on the gravy train of shafting the tax payers of this country once more.Even if these tribes have had payouts in past it has become their life long destiny to continue in the grievance process.If the leaders of not only this govt but past govts actually stood up made a stance i am sure we would have a light at the end of the tunnel.But no,if the govt does not continue to just say ok you tribes and iwi can keep fleecing us majority tax payers they will be called racist,threatened with “HIKOI’S” and these other minority Maori parties will try and hold the country to ransom as the now have for the past decade.I am not a supporter of the two major political parties but at least when labour was in power they were beginning to have closure to some of these settlements,it seems to me that John Key has not only got into bed with the Maori party but he has indeed given the Maori party the bed and all the linen to go with it.
As Roger writes there are certain politicians that have made a career out of all this debar cal and it is in their interests to keep the gravy train laden with supplies and fueled up for the next decade or two at least.

I agree with Jeremy it is irrelevant whether Tuhoe signed or not The majority of tribes did and sovereignty was passed to the British crown by the majority Those that did not agree took up arms in their original tribal manner and were defeated If tribal rules were in force they would have been anihilated and eaten as Tainui did in Taranaki in 1831
Grievance is a well developed characteristic of tribal maori and will continue if they are indulged
Self serving politicians and lawyers have tapped right in to this The tribes gave up their authority in 1840 it is a complete nonsense that governments even recognise them other than on purely cultural grounds similar to Scottish clans

An whole army makes a living by means of treaty crap.
Nou this group are making a living by fighting this other group.
I am 33 years in NZ en nothing will ever change , it’s time to go home sick to be a cash cow for maori

Tuhoe never signed the TOW, their land was taken from them for crimes against the crown, murder and harboring criminals to name a couple, of all the corrupt claims so far, and there’s been plenty, this would have to be the one to test legally, imagine this going to court, the historians from both sides giving their version of what happened, the truth would have to come out its been covered over for to long, time to make them pay for their corruption and lies.

I think it is far too easy to Blame John Key. National are dealing with MMP that we all voted in. In order to raise funds for the next 5 years of Maori extortion and sell assets, he needed Maori Party support. That support came in the form of separatist ideology.

Fortunately, John Key will have a new and powerful coalition partner next year… 1LAW4ALL.

Billions of dollars will be saved. In fact, I would say that Labour secretly waits in anticipation for 1LAW4ALL also.

Paul, as I see it National are the most likely to change-not that they will want to but Labour are fixated on regaining the Maori seats which they thought they owned. They are most unlikely to want to retain the Maori seats and keep the BIG LIE for the same reasons. People need to put pressure on each and every National MP as soon as possible and as much as possible.

National didnt need the Maori party when they were first elected and had promised to abolish the Maori seats
They did exactly the opposite Made the gravy train worse
and set the seperatist movement really rolling
Co governance is now the buzz word all since the Key government came to power If they hadnt gone into coalition
with the Maori party their majority would probably be bigger today All they had to do was keep their integrity

Any governing party will never have the balls to carry that out….without an excuse of having no choice because of a coalition partner. 1LAW4ALL is just the excuse they need.

With the election just around the corner and the mystery around MMP works for most NZders, 1LAW4ALL could do well by cementing in all our minds so that we can spread the word….which damn box to tick…what would be most effective.

I agree -we must start right NOW to convince the people around us to read more widely and to read more critically. They could start with the excellent article in the LISTENER this week and also the ghastly editorial in the same magazine which uses that dreadful trick so beloved by Muldoon of saying that ‘all right minded people will agree with us(me) when I say…’ . It also grossly misrepresents and ignores why Tuhoe were punished-they aided a terrorist amongst other things. It (the editorial) typifies the white middle class attitude that we must attack.

At last we have a party to voice the concerns of the silent majority.I am sick of the pernicious legislaton that this and previous Goverments have introduced to make me and my family feel like second class citizens.